Los Angeles daily herald., 1887-07-24
j. J. BODKIN.
More Testimony Presentcd-A A
Recess Taken.

Lie tTldl Vi JOilil y. DOuklii, Clidi SCu
with the killing of Lucius Elan, was
resumed yesterday morning before
Judge Cheney and jury. The first
witness called was George f. Jessen,
who testified as follows: Elan did
not make any statements to me as to
how he was shot when l carried him
into the house, but when found him
in the ditch he said that he had been
shot in the stomach. In the house he
told me that he did not expect to live.
When l first found Elam he had no
weapon upon his person or near him.
John w. Squires was next called:
| live about two-thirds of a mile from
where Elam was shot. | saw him on
the fatal day, and asked him how he
was feeling. He replied that he had
been shot and did not expect to live.
l hunted for a weapon where the
shooting took place, but could find
none.
Turnbull Kent was then recalled.
Saw Elam on November LIST. He
stated to me that he was going along
the road and Mr.. Bodkin's boy gave
him some impudence. He crossed
the ditch and was met by
Bodkin. He asked him to
make the boy behave himself,
and in return he was shot.
Miss Viola Z. Elan, sister of the
deceased was next sworn. l heard
my brother say before he died that he
did not expect to get well. The wit
nesses' testimony did not differ ma
terially from the preceding witnesses,
she recited3her brothers statement con-
cerning the shooting which has al
ready been published.
AFTERNOON SESSION.
The trial OF the case was resumed at
O'Clock and S. w. Buck was first
called and testified as follows: Had a
conversation with Bodkin at my house
near Norwalk about pistol. l asked
Bodkin how he was getting along. He
told me that he was having trouble
with neighbor. He turned around
showed me the butt of pistol which
was in his pocket. He said that on
the 4th of July, 1886, two shots were
fired at him while standing in his
doorway. | asked him who the neigh
Dor was but he evaded the question.
He told me that they had trouble
about stock and that the neighbor had
killed his dog. l sympathized with
him at the time. advised Mr.. Bod
kin if he had a deadly
enemy he had better sell out
and leave or bind the man to keep
the peace. He replied that he had
seen an attorney, who told him that
he had right to kill the man under
certain circumstances. He under
stood that if the man came upon his
land he would be justified in killing
him. Bodkin seemed to be troubled
and said that he was trying to get a
school so that he could get away from
the obstreperous neighbor. He asked
me if l knew of school vacancy. Bod
kin also told me that the neighbor had
stoned his house. He also complained
that the neighbor had, during his alb
sence, broken an instrument which he
had for measuring the speed of the
wind. Bodkin seemed afraid and anx-
ious to avoid trouble.
Thomas A. West next testified. The
District Attorney showed the pistol
with which Elam was killed. The
Court, when he saw the weapon,
and upon being assured that it
was loaded, told the attorney in
very forcible manner to handle the
weapon carefully. The witness iden-
titled it as the pistol which he took
from Bodkin when he arrested him.
Witness could not say in what kind of
a conveyance Bodkin was riding.
Can not tell the difference between a
blackboard, buggy and a
spring wagon. They are all
alike to me. After u few heated in
terrogations from Mr.. White, witness
finally admitted that Bodkin was in
his (witness's) blackboard.
John Dolan was next examined, as
follows: Know Bodkin, and saw him |
about year ago, when we had con-
versation about q pistol. He was in |
search of a school, and came to see
me about it. told him that we had |
hired teacher. l told him that ] |
thought he had quit teaching school. |
He said he thought so, too, but that |
he had had trouble with Mr.. Elan,
and he had to leave. Two weeks |
later he came to see me, and said that |
things were getting still hotter. l |
met him again at Long Beach. He
said "Thank God, now l have got a
school, and can take my family
away from the trouble" l think he
told me that the District Attorney had
given him authority to carry pistol
until he coutd get away. He said
that he had trouble with Elam re-
garding a lawsuit about stock. He
was lawful mad" at him over the
G use, and on one occasion Elam had
''whooped him up. or tried to run
over him on horseback, while
lie was ON his own land.
II. 4aII ..,o fhaf ho had hirod